In a recent Georgia car accident, and appellate decision was reached after the passengers in a car going southbound on I-75 were injured when an unknown driver swerved into their lane. The driver of the passenger’s car slammed on the brakes. A driver behind that car was allegedly following too closely and rear-ended the passengers’ car. The unknown driver ran away from the scene.
The passengers sued the rear-driving car and also sued the unknown driver, using a “Doe” designation under the Georgia uninsured motorist statute. Under OCGA § 33-7-11 (b) (2), a motor vehicle is deemed uninsured where an owner or operator of the motor vehicle isn’t known. The defendant sued under OCGA § 33-7-11 (d) (1) of that statute, which states that a John Doe defendant’s home will be presumed to be the county where an injury-producing accident happens or the plaintiff’s home county.
The rear-driver moved to transfer the venue to the venue where he lived, but this motion was denied. On appeal, he asked the appellate court to consider whether the venue provision of the uninsured motorist law applied in a lawsuit related to a car crash brought against a known Georgia resident and a defendant who is unknown under the theory of joint tortfeasor liability.